What canI do if my wife and her attorney are dragging out my divorce?

For 2 months I have been waiting on my ex wife”s lawyer to submit final paperwork in order to get my final divorce judgement (I am pro se). After inquiring about 1 week ago, I was told by her lawyer that the stipulation that we signed agreeing to the terms, custody, and financial reward is no longer acceptable by her client (my wife). The case has since been place in a disposed status and her lawyer states that she is trying to find out whether she can get another calender date to re-argue the terms, etc (she is trying to get judge to give an order so she can get transcripts of last appearance?). Is there any motion or paperwork that I can file to expedite matters since I feel her lawyer is stonewalling because she still has not made her way to request a calender date or submit final documents?

Asked on July 28, 2010 under Family Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am not quite sure where you are in the process. It sounds like you have signed a stipualtion of settlement and told the Judge that you are settled. Normally when this happens, the Judge gives a date for the paperwork to be submitted and if it is not, you must return to court to explain why it has not been. In some cases, the Judge does not give a new date and the case remains in limbo. I would have to know the name of the case in order to check on the status on the court site. However, if you are the Defendant and are waiting for paperwork which is not forthcoming, you can file a motion with the court to compel your wife's attorney to file the necessary paperwork. You can seek sanctions against your ex wife and/or attorney if she continues to stonewall. If you filed a counterclaim in the matter, you can request that the court allow you to obtain the divorce and file the necessary paperwork. You may want to write the Judge a letter requesting a conference to address the failure to finalize the paperwork. Send a copy of the letter to the other attorney as well. Some Judge's will take the case by the horns and call a conference and figure out what gives.


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